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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단736

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the member of homeland reserve forces belonging to the Seosan 2 Eup.

1. The Defendant: (a) around February 19, 2013 at the Defendant’s residence located in B building 308 Dong 1007, Dong 107, and (b) March 4, 2013.

3.6. In spite of being delivered through C the mother’s notice of a call-up for training in the name of the 11st management unit commander of the Army, which caused the second supplementary training conducted at the training center for the stationed reserve forces, the above training was not conducted without justifiable grounds.

2. On February 19, 2013, the Defendant received a notice of a training call in the name of the 11st management unit commander of the Army, which would result in the second supplementary training carried forward in March 7, 2013, conducted at the training site of the Pacific Reserve Forces on March 7, 2013, and did not undergo the said training without justifiable grounds, even though her mother received a notice of training call in the name of the 11 management unit commander of the Army in March 19, 2013.

3. On February 19, 2013, the Defendant did not undergo the above training without justifiable grounds even when the Defendant received a notice of a call for training in the name of the 11st management unit commander of the Army, which would undergo secondary supplementary training in the latter half-yearly 2013, carried forward at the training site of the Pacific Reserve Forces on March 8, 2013, which was conducted on February 19, 2013, from the Defendant’s residence located in B building 308, 1007, and the Defendant received the said training through C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act for the crimes under the relevant Acts;

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (limited to concurrent crimes prescribed by the offense of violating the Establishment of Homeland Reserve Forces Act, which is the largest criminal facts, as provided for in paragraph (3));

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);